Critical Examination of Judicial Output

The article aims to analyse the Role of Judiciary, What is expected out of judiciary, Examining the success of these expectations and the impact therein and suggestions for reforms.

The fundamental ideology of Constitutionalism is what makes India a Democratic Welfare State in true sense. However, Our Constitution, being the source of every law that governs us, is not a self-executing document. Therefore it is the judiciary which has been accorded (by the Constitution itself) to act as a mechanism to enforce, in letter and spirit, all that is enshrined in Constitution. The primary role of Judiciary therefore is to enforce rule of Law and uphold the tenets of justice (social, economic and Political).
In this context, Judiciary is expected to deliver justice in the most efficient way. Such expectations can be met only if trials are speedy; verdicts are in conformity with Constitutional and Democratic fundaments; and a strong deterrence is established against the criminal acts.

Since Independence the Indian Judiciary has played a vital role in upholding the rule of law and maintaining the welfare character of India. Its innovations like RTI, PIL etc and activism (NGT, Women Safety Report etc) especially in recent times are laudable.

However an examination of the judicial output depicts several flaws that render it incapable to stand upto the expectations of a common man.
"A speedy justice is not only a fundamental right but prerequisite as well for maintaining the rule of law. In its absence the judiciary would end up serving the interests of the corrupt and the law breakers." In current system where almost 30 million cases are pending, it takes anywhere between 12 to 15 years for a judgement. In a number of cases what is being dispensed as justice after so many years of litigation is flawed. The justice therefore is delayed denied and destroyed.

Secondly, there are certain instances where a verdict (even by the apex court) turns out to be controversial in Constitutional terms (ex: the recent NJAC Verdict, SC cancelling the 2G licenses, Chandigarh HC deciding upon toll prices of the Toll Plazas) and can be criticised as being the acts of judicial over reach.

Thirdly, because of delays in trials, the culprits are let lose which leads to the absence of a punitive deterrence. In this context it may as well be said that "Judicial Inefficiency is to a great extent responsible for increase in crimes" like rape, murder, looting, cheating and so on. Committing a crime, manipulating the laws and using money and muscle power to escape punishment has also been on rise.
The implications of such incapability is wide ranging and entails various social, economic and political aspects.
Politically, an ineffective judiciary strips off a citizen from his/her (fundamental) rights. Judicial incapacities also inflicts ineffectiveness onto the other state institutions for the Law Enforcement.
Socially and Economically the failure of judiciary will leave our demographic dividend useless. Absence of Rule of Law will lure young impressionable minds towards crime and easy money, which will further have wide ranging negative consequences (ex: marginalisation of the poor).

The importance of an effective judiciary is also necessary to maintain the health of economy. Trade, Commerce, manufacturing, etc hinge on the effectiveness of the rule of Law. For example the success of upcoming GST may be dependent on the efficiency of Dispute Redressal Mechanisms.

In the Light of these concerns, Judicial Reforms need utmost priority in Development Agenda of the Government. The reforms need to address various issues such as: Rising Pile of Pending Case; Undertrials and their Hardships; Corruption in Judiciary; Lack of Transparency; Vagueness of certain Provisions.
The reforms must include making the judicial system accessible and effective for the poor, accountability of judges, transparency in court proceedings and appointments of judges, creation of a transparent, full-time independent judicial complaints commission to investigate complaints against judges, implementation of the RTI, setting up an All India Judicial Services, use of information technology tools for better court/ time management, and making the bar and the bench sensitive and accountable towards issues of social justice. Today, justice needs to be begged for in a format where judges talk down to the litigants. Therefore, a review of architecture of the present system of justice dispensation, which violates human dignity, should also be pursued.

Development in India cannot be achieved without a strong foundation of the Rule of Law. In the absence of it, the Constitution is in danger of being reduced to a piece of fiction.

Possible Questions:

1.) Critically examine the role of judiciary in India in the context of recent demands for Judicial Reforms.

2.) "Mere legislations cannot enforce justice in India". Explain

3.) "In absence of Rule of Law, the Constitution is in Danger of being reduced to a piece of fiction." Analyse in context of necessity for Judicial Reforms.

By: Chandan Sharma